1. Terms and conditions
1 These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
2 These terms and conditions and the order form the contract between you and us and shall be effective for all orders placed with us, and shall take precedent over any other terms or discussions taken place between you and us.
3 Please read these terms carefully before you submit your order to us.
2. Information about us and how to contact us
1 Norma Kerr is located at 6 Edwards Court, Clyro, HR3 5FB
2 You can contact us by email, phone or in writing to the address above.
Email: maggie@normakerr.com
Phone: 01497 564087
3 How we may contact you:
If we have to contact you we will do so by telephone or by writing to you at the email address provided to us in your order. We cannot be held responsible if the details that you provide to us are incorrect, and therefore it is your responsibility to ensure you keep us updated with any change of these contact details.
4.”Writing” or “written” includes emails.
3. Our contract with you:
1 How we will accept your order if you are purchasing our product online or over the telephone.
2 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3 If we cannot accept your order: If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because it is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, inability to obtain authorisation for payment, because we have identified an error in the price or description of the product, the item has been withdrawn or because we are unable to meet delivery deadline you have specified.
4 We will assign an order number to your number to your order and tell you what it I when we accept your order. It will help us if you can tell us that order number whenever you contact us about your order.
4. Our products:
1 Products may vary slightly from their pictures. Although we make every effort to display products and colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products.
2 Product packing may vary from that shown on our website.
3 Bespoke items:
Engraved items are considered to be a bespoke item and cannot be returned or exchanged.
Items made to a non-standard length are considered to be a bespoke item and cannot be returned or exchanged.
5. Your right to make changes:
If you wish to make a change to the product you have ordered please contact us as soon as possible. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm in writing whether you wish to go ahead with the change. The details of such change would then form part of the contract between you and us.
6. Providing the Products:
1 The costs of delivery will be displayed to you on our website, or as told to you during the order process.
2 During the order process we will let you know when we will provide the products to you. Please note we do not deliver to PO box numbers.
3 We will aim to deliver the products to you within 30 days after the day on which we accept your order.
4 Your order will be sent to the address you have entered under ‘shipping address’. We will endeavour to spot any mistakes but we cannot be held responsible for missing parcels due to address errors. It a parcel is returned to us as undeliverable due to your address error we can resend your item but there will be an additional delivery cost.
5 We are not responsible for delays outside our control. If our supply of products is delayed by an event outside our control then we contact you as soon as possible to let you know and we will take steps to minimise the effect to delay. Provided we do this we will not be liable for delays caused by the event, but it there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6 If you are not at home when the product is delivered and the product cannot be posted through your letterbox, we will leave a note informing you of how to rearrange delivery or collect the products from a local depot.
7 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not arrange re-delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for any further delivery costs.
8 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us.
9 You own a product which is goods once we have received payment in full.
7. Your rights to end the contract when purchasing online or over the phone
1 You can always end the contract with us. Your rights when you end the contract will depend on what you have purchased, whether there is anything wrong with the product, how we are performing and when you decided to end the contract.
2 If what you purchased is faulty or mis-described you may have the legal right to end the contract, or to have the product repaired or replaced. You may have the legal right to have a service re-performed or to get some or all of your money back.
3 If you want to end the contract because something we have done, or have told you we are going to do for example
3.1 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed
3.2 there is a significant delay due to circumstances beyond our control
3.3 we have suspended supply for technical reasons, or notify you we are going to suspend them for technical reasons in each case for a period of more than four months.
3.4 You have the legal right to end the contract because of something we have done wrong.
4 If you have changed your mind about the product you may be able to get a refund if you are within the cooling-off period but this may be subject to deductions and you will have to pay the costs of return of any goods.
4.1 Exercising your right to change your mind (Consumer Contracts Regulations 2013) For most products bought online or over the phone you have the legal right to change your mind within 14 days and receive a refund.
5 You do not have the right to change your mind in respect of: bespoke items that have been engraved or made to a non-standard length as these are specific to your purchase and personal requirements.
6 The item showing signs of use/reasonable wear
7 You have 14 days after the day you (or someone you nominate) receives the goods, unless the goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change you mind about the goods.
8 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have the right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation.
9 A contract for goods is completed when the goods are delivered and paid for. If you want to end the contract in these circumstances, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of you ending the contract. Please be aware that we will only offer a refund on; bespoke products, and items purchased at a discount if they are faulty (provided such discount was not given to a notified fault). If they are not faulty then we are unable to offer a refund.
10 Goodwill exchange policy. In addition, if you return the non-bespoke products brought online or over the telephone to us within 14 days of purchase in an unused and saleable condition we will exchange such goods provided you notify us in accordance with clause 10
8. How to end the contract with us when orders are placed online or by telephone
1 To end the contract with us please call 01497 564087 or email maggie@normakerr.com. Please provide your name, address, details of the order, and where available, your phone number and email address.
2 Returning products after ending the contract, we kindly request that you ensure any returned products are well protected and packed for posting. We suggest you use Royal Mail special delivery or similar tracked service and allow 10 working days for your item to be processed.
3 We will pay the costs of return when:
If the products are faulty or mis-described
If you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances you must pay the costs of return.
4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price as described below:
5 Deductions from refunds if you are exercising your right to change your mind:
We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by you handling them. It we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
6 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
7 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you.
9. Our rights to end the contract
1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if: you do not, within a reasonable time, allow us to deliver the products to your address or collect them from us or you do not pay sums due.
2 You must compensate us if you break the contract. If we end the contract because of a problem with the product we will refund any money you have paid in advance for the products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10. If there is a problem with the product
1 If you have any questions or complaints about the product, please contact us. You can telephone 01497 564087 or write to maggie@normakerr.com or at 6 Edwards Court, Clyro HR3 5FB
2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights. A summary of your legal rights can be found at the Citizens Advice website adviceguide.org.uk or call 0800 144 8848
11. Price and Payment
1 The price of the product will be on the order pages if ordering online, or over the telephone when you place your order. We take all reasonable care to ensure that the price of the product advised to you is correct. It is possible that , despite our best efforts, some of the products we sell may be incorrectly priced. We normally check the prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as mispricing, we may end the contract, refund you any sums you have paid and require the return of goods provided to you.
2 If or when Norma Kerr becomes VAT registered, if the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay unless you have already paid for the product in full before the changes in VAT takes effect.
3 Please see our website for current payment types accepted. Your transaction will be processed by Stripe, Inc in a secure environment. Please note we are not responsible for any delay in dispatching your product if your card issuer delays your payment to us, for whatever reason.
4 You must pay for the products before we dispatch them. If you pay by credit or debit card the total order will be authorised and charged for payment.
12. Our responsibility for loss or damage suffered by you.
1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or failing to take reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
2 We are not liable for business losses. We only supply products for domestic and private use, if you use the products for any commercial, business related or re-sale purposes we will have no liability to you for any profit, loss of business, business interruption or loss of business opportunity.
13. How we may use your personal information.
1 We will use the personal information you provide us to:
2 Supply the products to you;
3 To process your payment for the products; and
4 If you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
5 We will process your personal data in accordance with our GDPR privacy policy which can be found on our website.
14. Other important terms
1 No other person shall have the right to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
2 If a court finds parts of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
3 Even if we delay the enforcing of this contact we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make a payment at a later date.
4 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
5 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without having to go to court, f you are not happy with how we have handled a complaint, we suggest you contact the Centre for Effective Dispute Resolution (CEDR) via their website cedr.com/consumer in order for the dispute to be resolved prior to taking court action. CEDR will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.